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How to deal with Taobao being sued for infringement

The ways to deal with Taobao trademark infringement include: the parties to the dispute resolve through negotiation; seek help from the court and apply for third-party mediation; file a lawsuit with the court and implement it in accordance with the litigation results given by the court. It should be noted that if you file a lawsuit with the court, you need to submit a trademark litigation indictment. After the court accepts the lawsuit, it will start to handle the dispute case.

1. How to deal with Taobao trademark infringement? The ways to deal with Taobao trademark infringement are: the parties to the dispute resolve through negotiation; seek help from the court and apply for third-party mediation; file a lawsuit with the court and implement the litigation results given by the court. . Trademark infringement is trademark infringement, which means that the perpetrator uses the same or similar trademark on the same or similar goods without the permission of the trademark owner, or otherwise interferes with or hinders the trademark owner from using his registered trademark and damages the trademark rights. Other actions to protect people's legitimate rights and interests. If the perpetrator sells goods that he knows or should have known are counterfeit registered trademarks, the natural person or legal person whose exclusive right to use the trademark has been infringed has the civil right to require the infringer to stop the infringement, eliminate the impact, and compensate for losses.

2. The prosecutor should submit the following materials when filing a case: (1) Submit an original copy of the complaint and provide a corresponding number of copies according to the number of defendants. If the complainant is a legal person or other organization, the complaint shall be stamped with an official seal; if the complainant is a natural person, it shall be signed by him/herself. No photocopies may be used in the complaint and no ballpoint pen may be used to write it. (2) Materials proving the qualifications of the parties concerned. If the party is a natural person, identification documents should be submitted, such as a copy of the ID card or household registration book; if the party is a foreigner or a resident of Hong Kong, Macao and Taiwan, a copy of the ID card or passport, and a return permit for Hong Kong and Macao compatriots should be submitted; if the party is an individual businessman If the owner is a household, the owner registered on the business license should be the party and a copy of the ID card and business license should be submitted; if the party is a legal person or other organization, the subject registration materials should be submitted, such as a copy of the business license or a copy of the business license in the past three months. Industrial and commercial registration inquiry information or corporate registration certificate. If the plaintiff is a legal person or other organization, the identity certificate of the legal representative (or person in charge) should also be submitted and stamped with the official seal. The plaintiff must be the intellectual property rights owner, or an interested party of the intellectual property rights, or a person authorized by the rights owner to file a lawsuit directly in his or her own name. (3) Materials proving the qualifications of the defendant. If the defendant is a natural person, submit his or her identity certificate; if the defendant is a corporate legal person, other organization with a business license, or an individual industrial and commercial household, submit the defendant's industrial and commercial registration inquiry materials within the last three months; if the defendant is another legal person or organization, the defendant should submit Certificate of registration with its competent authority. If the defendant is an administrative agency or a public welfare institution, there is no need to submit certification from the competent authority. (4) If you are entrusted to sue on your behalf, you should submit a power of attorney signed or sealed by the plaintiff. If a citizen is acting as an agent, a copy of his or her ID card must be submitted at the same time; if the prosecutor is an overseas party, the notarization procedures for entrusting the agent should be completed in accordance with the regulations of the Ministry of Justice; overseas natural persons can also sign a power of attorney directly in front of the judge filing the case, and the case will be filed. The signature of the judge shall be witnessed; if a lawyer is entrusted to litigate on his behalf, a copy of the lawyer's practicing certificate and a letter from the law firm shall also be submitted. Taobao, as the shopping software we often use, often encounters many trademark infringement disputes. When a dispute occurs, the two parties will often resolve it through negotiation first. If they cannot reach an agreement, they can file a lawsuit in court and submit the materials and evidence they hold to the court and wait for the court to file the case.